BILL NUMBER: SB 1998	CHAPTERED  09/30/00

	CHAPTER   1002
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 22, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   APRIL 3, 2000

INTRODUCED BY   Committee on Public Employment and Retirement
(Senators Ortiz (Chair), Karnette, and Lewis)

                        FEBRUARY 25, 2000

   An act to amend Sections 11126, 20300, 20392, 21404, 21490, 21546,
21547, 21548, 21620, 21621, 21622, 21623, 21623.5, 21757, 22825.1,
22825.17, 22827.5, 22871, and 77590 of, to amend and renumber Section
20486 of, to repeal Sections 21549, 22754.3, 22790.1, 22810.2,
22810.5, 22816.3, 22825.16, 22825.8, and 22840.1 of, and to repeal
and add Section 20678 to, the Government Code, and to amend Item
9650-001-0001 of the Budget Act of 2000, relating to public employee
retirement and health benefit programs, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1998, Committee on Public Employment and Retirement.  Public
employees' retirement and health benefit programs:  death benefits
and technical changes.
   (1) The Bagley-Keene Open Meeting Act generally requires all
meetings of a state body to be open and public.  Under the act, a
state body or its designated representative is not prevented from
holding closed sessions with its representatives in discharging the
responsibilities of the state body under the Meyers-Milias-Brown Act
as the sessions relate to salaries, salary schedules, or compensation
paid in the form of fringe benefits.  The Meyers-Milias-Brown Act
governs local government employer-employee relations.
   This bill would extend the above described provision to closed
sessions of a state body or its designated representatives when
discharging responsibilities of the state body under the Ralph C.
Dills Act, which governs state employer-employee relations; the Bill
of Rights for State Excluded Employees; and the Educational
Employment Relations Act, which governs public school
employer-employee relations.
   (2) Under the Public Employees' Retirement Law, local safety
members subject to the 2% at age 50 benefit formula pay contributions
equal to 9% of compensation, as defined, and those members subject
to the 3% at age 55 benefit formula pay contributions equal to 8% of
compensation.  Member contributions are deposited in the Public
Employees' Retirement Fund, a continuously appropriated special fund.

   This bill would provide that local safety members subject to
either the 3% at age 50 or the 3% at age 55 benefit formula shall pay
contributions equal to 9% of compensation.  The bill would make an
appropriation by increasing the amount of employee contributions to
the Public Employees' Retirement Fund.  Operation of these provisions
would be contingent upon the enactment of SB 528, as specified.
   (3) Under the existing Public Employees' Retirement Law, a member
may designate a beneficiary to receive benefits payable upon the
member's death, provided that the designation is not in derogation of
the community property rights of the member's spouse.
   This bill would provide that, if the member is unmarried and has
attained retirement age, that designation may not be in derogation of
the rights of the member's unmarried, dependent, minor children.
   (4) The existing Public Employees' Retirement Law prescribes
various options for preretirement death benefits payable to the
surviving spouse or children, or both, of a member, which benefits
are generally based on the amount the member would have received had
the member retired on the date of death.  Existing law defines
"surviving spouse" for purposes of one of those options.
   This bill would provide that, if the member designated a
beneficiary, those preretirement death benefits shall be based on a
specified amount derived from the nonmember spouse's community
property interest in the member's contributions and service credit.
The bill would also expand the definition of "surviving spouse" for
purposes of one of those options, as specified.
   (5) The Public Employees' Retirement Law, the Judges' Retirement
System II Law, and the Public Employees' Medical and Hospital Care
Act establish retirement, health, and other benefits plans and
programs for specified public employees.
   This bill would make technical and conforming changes and repeal
obsolete provisions of those laws.
   (6) The Budget Act of 2000 appropriates funds for the state's
contribution for the cost of health and dental benefits for
annuitants and prescribes the maximum monthly amounts for the
annuitants' contribution.
   This bill would increase the state's contribution, as specified,
thereby making an appropriation, and increase the maximum annuitant's
contribution, as specified.
   (7) The bill would incorporate additional changes to Sections
21622, 21623, and 21623.5 of the Government Code proposed by AB 50 to
take effect if this bill and that bill are enacted and become
effective on or before January 1, 2001, and this bill is enacted
last.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11126 of the Government Code is amended to
read:
   11126.  (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
   (2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting.  If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
   (3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
   (4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
   (b) For the purposes of this section, "employee" does not include
any person who is elected to, or appointed to a public office by, any
state body.  However, officers of the California State University
who receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees.  Furthermore, for purposes of this
section, "employee" includes a person exempt from civil service
pursuant to subdivision (e) of Section 4 of Article VII of the
California Constitution.
   (c) Nothing in this article shall be construed to do any of the
following:
   (1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
   (2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises.  Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
   (3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 or similar provisions of law.
   (4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
   (5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
   (6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
   (7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
   (B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
   (C) For purposes of this paragraph, the negotiator may be a member
of the state body.
   (D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
   (E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
   (8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
   (9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
   (10) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or
information the public disclosure of which is prohibited by law, or
from considering matters pertaining to the appointment or removal of
the Executive Officer of the Franchise Tax Board.
   (11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
   (12) Prevent the Board of Corrections from holding closed sessions
when considering reports of crime conditions under Section 6027 of
the Penal Code.
   (13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
   (14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 8 (commencing with
Section 60850) of, Part 33 of the Education Code during which actual
test content is reviewed and discussed. The purpose of this provision
is to maintain the confidentiality of the assessments under review.

   (15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
   (16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions.  For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation.  For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
   (17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500), Chapter 10.3 (commencing with Section
3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits.  For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
   (d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.

   (2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
   (e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
   (2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated.  This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article.  For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
   (A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
   (B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
   (ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
   (C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
   (ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session.  If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation.  If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based.  The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session.  The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
   (iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
   (iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
   (f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
   (1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
   (2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
   (3) Prevent an administrative committee established by the State
Board of Accountancy pursuant to Section 5020 or 5020.3 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503.  Nothing in this article shall be construed to prevent
an examining committee established by the Board of Accountancy
pursuant to Section 5023 of the Business and Professions Code from
conducting a closed hearing to interview an individual applicant or
accountant regarding the applicant's qualifications.
   (4) Prevent a state body, as defined in Section 11121.2, from
conducting a closed session to consider any matter that properly
could be considered in closed session by the state body whose
authority it exercises.
   (5) Prevent a state body, as defined in Section 11121.7, from
conducting a closed session to consider any matter that properly
could be considered in a closed session by the body defined as a
state body pursuant to Section 11121, 11121.2, or 11121.5.
   (6) Prevent a state body, as defined in Section 11121.8, from
conducting a closed session to consider any matter that properly
could be considered in a closed session by the state body it advises.

   (7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
   (A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
   (B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
   (8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
   (9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the Office
of Emergency Services or the Governor pursuant to Section 8590
concerning matters relating to volcanic or earthquake predictions,
from holding closed sessions when considering the evaluation of
possible predictions.
   (g) This article shall not prevent either of the following:
   (1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
   (2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
  SEC. 2.  Section 20300 of the Government Code is amended to read:
   20300.  The following persons are excluded from membership in this
system:
   (a) Inmates of state or public agency institutions who are allowed
compensation for the service they are able to perform.
   (b) Independent contractors who are not employees.
   (c) Persons employed as student assistants in the state colleges
and persons employed as student aides in the special schools of the
State Department of Education and in the public schools of the state.

   (d) Persons employed as teacher-assistants pursuant to Section
44926 of the Education Code.
   (e) Participants, other than staff officers and employees, in the
California Conservation Corps.
   (f) Persons employed as participants in a program of, and whose
wages are paid in whole or in part by federal funds in accordance
with, Section 1501 et seq. of Title 29 of the United States Code.
This subdivision does not apply with respect to persons employed in
job classes that provide eligibility for patrol or safety membership
or to the career staff employees of an employer.
   (g) All persons who are members in any teachers' retirement
system, as to the service in which they are members of any teachers'
retirement system.
   (h) Except as otherwise provided in this part, persons rendering
professional legal services to a city, other than the person holding
the office of city attorney, the office of assistant city attorney,
or an established position of deputy city attorney.
   (i) A person serving the university as a teacher in university
extension, whose compensation for that service is established on the
basis of class enrollment either actual or estimated, with respect to
that service.
   (j) A person serving a California State University as a teacher in
extension service, whose compensation for that service is
established on the basis of class enrollment either actual or
estimated, with respect to that service.
   (k) A teacher or academic employee of the university or any
California State University who is otherwise fully employed and who
serves as a teacher or in an academic capacity in any summer session
or intersession, for which he or she receives compensation
specifically attributable to that service in summer session or
intersession, with respect to that service.
   (l) A person who is employed under the Senate Fellows, the
Assembly Fellows, or the Executive Fellows programs.
  SEC. 3.  Section 20392 of the Government Code is amended to read:
   20392.  "State peace officer/firefighter member" also includes
officers and employees with the following class titles of:


Class
Code                         Classification
6875                Air Operations Officer I
1056                Air Operations Officer II
1053                Air Operations Officer III
6877                Air Operations Officer I (Maintenance)
6882                Air Operations Officer II (Maintenance)
1050                Air Operations Officer III (Maintenance)
8997                Arson and Bomb Investigator
9694                Board Coordinating Parole Agent, Youthful
Offender
                    Parole Board
9904                Correctional Counselor I
9903                Correctional Counselor II
9662                Correctional Officer
9911                Case Work Specialist, Youth Authority
9013                Deputy State Fire Marshal III (Specialist)
9086                Deputy State Fire Marshal
9010                Deputy State Fire Marshal III (Supervisor)
1077                Fire Apparatus Engineer
1095                Fire Captain
1072                Fire Control Aid
8979                Firefighter
1083                Firefighter I
1082                Firefighter II
9001                Firefighter (Correctional Institution)
8990                Firefighter/Security Officer
1047                Fire Prevention Officer I
1049                Fire Prevention Officer II
9090                Fire Service Training Specialist III
8418                Fish and Game Patrol, Lieutenant
8421                Fish and Game Warden, Department of Fish and Game

9039                Senior Food and Drug Investigator
9028                Food and Drug Program Specialist
9007                Food Technology Specialist
1060                Forestry Aid
1046                Forestry Pilot (Helicopter)
9579                Group Supervisor/Youth Correctional Officer
9578                Group Supervisor Trainee
6387                Heavy Fire Equipment Operator
1937                Hospital Peace Officer I
8416                Lieutenant Fish and Game Patrol Boat
0992                Lifeguard
8217                Medical Technical Assistant, Correctional
Facility
1992                Museum Security Officer I
9701                Parole Agent I, Youth Authority
9765                Parole Agent I, Adult Parole
9696                Parole Agent II, Youth Authority (Specialist)
9763                Parole Agent II, Adult Parole (Supervisor)
9762                Parole Agent II, Adult Parole (Specialist)
8215                Senior Medical Technical Assistant
8359                Sergeant, California State Police
8980                State Fire Marshal Trainee
9723                State Forest Ranger I (Nonsupervisory)
9724                State Forest Ranger II (Nonsupervisory)
0983                State Park Ranger I
8464                State Police Officer
8358                State Security Officer
8989                Captain Firefighter/Security Officer
8410                Warden-Pilot Department of Fish and Game
9581                Youth Counselor/Youth Correctional Counselor

   A member who is employed in a position that is reclassified to
state peace officer/firefighter pursuant to this section may make an
irrevocable election in writing to remain subject to the service
retirement benefit and the normal rate of contribution applicable
prior to reclassification by filing a notice of the election with the
board within 90 days after notification by the board.  A member who
so elects shall be subject to the reduced benefit factors specified
in Section 21353 or 21354.1, as applicable, only for service also
included in the federal system.
  SEC. 4.  Section 20486 of the Government Code, as added by Chapter
502 of the Statutes of 1996, is amended and renumbered to read:
   20487.  Notwithstanding any other provision of law, no contracting
agency or public agency that becomes the subject of a case under the
bankruptcy provisions of Chapter 9 (commencing with Section 901) of
Title 11 of the United States Code shall reject any contract or
agreement between that agency and the board pursuant to Section 365
of Title 11 of the United States Code or any similar provision of
law; nor shall the agency, without the prior written consent of the
board, assume or assign any contract or agreement between that agency
and the board pursuant to Section 365 of Title 11 of the United
States Code or any similar provision of law.
  SEC. 5.  Section 20678 of the Government Code, as amended by Senate
Bill 528 of the 1999-2000 Regular Session, is repealed.
  SEC. 5.5.  Section 20678 is added to the Government Code, to read:

   20678.  (a) For each local safety member subject to Section 21362,
21362.2, or 21363.1, by reason of the amendment of his or her
employer's contract, or on the later date of entrance into this
system, the normal rate of contribution shall be 9 percent of the
compensation paid to those members.  For those members whose service
is included in the federal system, the normal rate of contribution
shall be 9 percent of the compensation in excess of one hundred
thirty-three dollars and thirty-three cents ($133.33) per month paid
to those members.
   (b) The normal rate of contribution for local safety members
subject to Section 21363 shall be 8 percent of the compensation paid
to those members.  For those members whose service is included in the
federal system, the normal rate of contribution shall be 8 percent
of the compensation in excess of two hundred thirty-eight dollars
($238) per month paid to those members.
   (c) Notwithstanding subdivision (b), the normal rate of
contribution for local safety members of the City of Sacramento
subject to Section 21363 shall be 9 percent of the compensation paid
to those members.
   (d) No adjustment shall be included in rates adopted under this
section as the result of amendments hereto, changing the time at
which members may retire or the benefits members will receive,
because of time during which members have contributed at different
rates prior to the adoption.
   (e) This section shall be retroactive to January 1, 2000.
  SEC. 6.  Section 21404 of the Government Code is amended to read:
   21404.  Upon retirement for disability, a local miscellaneous
member who is not subject to Section 21427 and who has attained the
minimum age at which he or she may retire for service without an
actuarial discount because of age, shall receive his or her service
retirement allowance.
  SEC. 7.  Section 21490 of the Government Code is amended to read:
   21490.  (a) Except as provided in subdivision (b), a member may at
any time, including, but not limited to, at any time after reaching
retirement age, designate a beneficiary to receive the benefits as
may be payable to his or her beneficiary or estate under this part,
by a writing filed with the board.
   (b) (1) No designation may be made in derogation of the community
property share of any nonmember spouse when any benefit is derived,
in whole or in part, from community property contributions or service
credited during the period of marriage, unless the nonmember spouse
has previously obtained an alternative order for division pursuant to
Section 2610 of the Family Code.
   (2) No designation may be made by an unmarried member who has
attained the minimum age for voluntary service retirement applicable
to the member in his or her last employment preceding death if that
designation is in derogation of the rights of the member's unmarried,
dependent children who are under the age of 18 years at the time of
the member's death.
   (c) The designation, subject to conditions imposed by board rule,
may be by class, in which case the members of the class at the time
of the member's death shall be entitled as beneficiaries.  The
designation shall also be subject to the board's conclusive
determination, upon evidence satisfactory to it, of the existence,
identity or other facts relating to entitlement of any person
designated as beneficiary, and payment made by this system in
reliance on any determination made in good faith, notwithstanding
that it may not have discovered a beneficiary otherwise entitled to
share in the benefit, shall constitute a complete discharge and
release of this system for further liability for the benefit.

SEC. 8.  Section 21546 of the Government Code is amended to read:
   21546.  (a) Upon the death of a member who has attained the
minimum age for voluntary service retirement applicable to the member
in his or her last employment preceding death, and who is eligible
to retire and in circumstances in which the basic death benefit is
payable other than solely that of membership in a county retirement
system, or a retirement system maintained by the university, a
monthly allowance shall be payable as follows:
   (1) To the member's surviving spouse as long as the spouse lives.

   (2) To the children under the age of 18 years collectively if
there is no surviving spouse or if the surviving spouse dies before
all children of the deceased member attain the age of 18 years, until
every child dies or attains the age of 18 years.  No child shall
receive any allowance after marrying or attaining the age of 18
years.
   (b) The monthly allowance under this section shall be equal to
one-half of, and derived from the same source as, the unmodified
retirement allowance the member would have been entitled to receive
if he or she had retired for service on the date of death.  If,
however, the member made a specific beneficiary designation under
Section 21490, the monthly allowance shall be equal to one-half of
that portion of the member's unmodified retirement allowance that
would have been derived from the nonmember spouse's community
property interest in the member's contributions and service credit.
   (c) If a member does not have a surviving spouse nor any children
under the age of 18 years at the time of death, no allowance shall be
payable under this section.
   (d) No allowance shall be payable under this section if a special
death benefit is payable.
   (e) (1) The allowance provided by this section shall be paid in
lieu of the basic death benefit but a surviving spouse qualifying for
the allowance may elect, before the first payment on account of it,
to receive the basic death benefit in lieu of the allowance.
   (2) The allowance provided by this section shall be paid in lieu
of the basic death benefit but the guardian of the minor child or
children qualifying for the allowance may elect, before the first
payment on account of it, to receive the basic death benefit in lieu
of the allowance.  If an election of the basic death benefit is made,
the basic death benefit shall be paid to all the member's surviving
children, regardless of age or marital status, in equal shares.
   (f) If the total of the payments made pursuant to this section are
less than the basic death benefit that was otherwise payable on
account of the member's death, the amount of the basic death benefit
less any payments made pursuant to this section shall be paid in a
lump sum to the surviving children of the member, share and share
alike, or if there are no children, to the estate of the person last
entitled to the allowance.
   (g) The board shall compute the amount by which benefits paid
pursuant to this section exceed the benefits that would otherwise be
payable and shall charge any excess against the contributions of the
state so that there shall be no increase in contributions of members
by reason of benefits paid pursuant to this section.
   (h) As used in this section, "a surviving spouse" means a spouse
who was either married to the member for at least one year prior to
the member's death, or was married to the member prior to the
occurrence of the injury or the onset of the illness that resulted in
death, and "child" includes a posthumously born child of the member.

   (i) On and after April 1, 1972, this section shall apply to all
contracting agencies and to the employees of those agencies with
respect to deaths occurring after April 1, 1972, whether or not the
agencies have previously elected to be subject to this section.
  SEC. 9.  Section 21547 of the Government Code is amended to read:
   21547.  (a) Notwithstanding any other provision of this article
requiring attainment of the minimum age for voluntary service
retirement to the member in his or her last employment preceding
death, upon the death of a state member on or after January 1, 1993,
who is credited with 20 years or more of state service, the surviving
spouse, or eligible children if there is no surviving spouse, may
receive a monthly allowance in lieu of the basic death benefit.  The
board shall notify the eligible survivor, as defined in Section
21546, of this alternate death benefit.  The board shall calculate
the monthly allowance that shall be payable as follows:
   (1) To the member's surviving spouse, an amount equal to the
amount the member would have received if the member had retired for
service at minimum retirement age on the date of death and had
elected optional settlement 2 and Section 21459.
   (2) If the member made a specific beneficiary designation under
Section 21490, the monthly allowance shall be based only on that
portion of the amount the member would have received described in
paragraph (1) that would have been derived from the nonmember spouse'
s community property interest in the member's contributions and
service credit.
   (3) If there is no surviving spouse or the spouse dies before all
of the children of the deceased member attain the age of 18 years, to
the surviving children, under the age of 18 years, collectively, an
amount equal to one-half of, and derived from the same source as, the
unmodified allowance the member would have received if he or she had
retired for service at minimum retirement age on the date of death.
No child shall receive any allowance after marrying or attaining the
age of 18 years.  As used in this paragraph, "surviving children"
includes a posthumously born child or children of the member.
   (b) This section shall only apply to members employed in state
bargaining units for which a memorandum of understanding has been
agreed to by the state employer and the recognized employee
organization to become subject to this section, members who are
excluded from the definition of state employees in subdivision (c) of
Section 3513, and members employed by the executive branch of
government who are not members of the civil service.
   (c) For purposes of this section, "state service" means service
rendered as a state employee, as defined in Section 19815.  This
section shall not apply to any contracting agency nor to the
employees of any contracting agency.
  SEC. 10.  Section 21548 of the Government Code is amended to read:

   21548.  (a) The surviving spouse of a member who has attained the
minimum age for voluntary service retirement applicable to the member
in his or her last employment preceding death, and who is eligible
to receive an allowance pursuant to Section 21546, shall instead
receive an allowance that is equal to the amount that the member
would have received if the member had been retired from service on
the date of death and had elected optional settlement 2 and Section
21459.
   (b) The surviving spouse of a member who has attained the minimum
age for voluntary service retirement applicable to the member in his
or her last employment preceding death, and who is eligible to
receive a special death benefit in lieu of an allowance under Section
21546, may elect to instead receive an allowance that is equal to
the amount that the member would have received if the member had been
retired from service on the date of death and had elected optional
settlement 2 and Section 21459.
   (c) If the member made a specific beneficiary designation under
Section 21490, the allowance under this section shall be based only
on that portion of the amount the member would have received
described in subdivision (a) or (b) that would have been derived from
the nonmember spouse's community property interest in the member's
contributions and service credit.
   (d) The allowance provided by this section shall be payable as
long as the surviving spouse lives.  Upon the death of the surviving
spouse, the benefit shall be continued to minor children, as defined
in Section 6500 of the Family Code, or a lump sum shall be paid as
provided under circumstances specified in Section 21546 or in
Sections 21541 and 21543, as the case may be.
   (e) The allowance provided by this section shall be paid in lieu
of the basic death benefit, but the surviving spouse qualifying for
the allowance may elect before the first payment on account of it to
receive the basic death benefit in lieu of the allowance.
   (f) This section shall apply with respect to state members whose
death occurs on and after July 1, 1976.
   (g) All references in this code to Section 21546 shall be deemed
to include this section in the alternative.
   (h) This section shall not apply to any contracting agency nor to
the employees of any contracting agency unless and until the agency
elects to be subject to this section by amendment to its contract
made in the manner prescribed for approval of contracts, except that
an election among the employees is not required, or, in the case of
contracts made after January 1, 1985, by express provision in the
contract making the contracting agency subject to this section.
  SEC. 11.  Section 21549 of the Government Code is repealed.
  SEC. 12.  Section 21620 of the Government Code is amended to read:

   21620.  (a) Upon the death of any person, after retirement and
while receiving a retirement allowance from this system, there shall
be paid to his or her beneficiary as he or she shall nominate by
written designation duly executed and filed with the board, the sum
of five hundred dollars ($500), to be provided from contributions by
the state or contracting agency, as the case may be.
   (b) This section shall apply to all contracting agencies and to
the employees of those agencies.
  SEC. 13.  Section 21621 of the Government Code is amended to read:

   21621.  If the beneficiary of a member retired under this system
is entitled to receive a comparable lump-sum death benefit from any
other retirement system supported, in whole or in part, by public
funds in which he or she was a member in employment subsequent to his
or her last employment in which he or she was a member of this
system, no payment shall be made under Section 21620, 21622, or 21623
providing for payment of a lump-sum death benefit to a member's
designated beneficiary.
  SEC. 14.  Section 21622 of the Government Code is amended to read:

   21622.  (a) In lieu of benefits provided by Section 21620, upon
the death of any person, after retirement and while receiving a
retirement allowance from this system, there shall be paid to the
beneficiary who he or she shall nominate by written designation duly
executed and filed with the board, the sum of six hundred dollars
($600), to be provided from contributions by the state.
   (b) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
that, in the aggregate, are reasonable and that, in combination,
offer the actuary's best estimate of anticipated experience under
this system.
   (c) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation.  The additional contribution rate required at the time
this section is added to a contract shall not be less than the sum of
(1) the actuarial normal cost and (2) the additional contribution
required to amortize the increase in accrued liability attributable
to benefits elected under this section over a period of not more than
30 years from the date this section becomes effective in the public
agency's contract.
   (d) This section shall apply to members employed by a school
employer.
   (e) This section shall not apply to any contracting agency, except
for those contracting agencies that are school employers and those
school districts or community college districts, as defined in
subdivision (i) of Section 20057, until the agency elects to be
subject to this section by amendment to its contract made in the
manner prescribed for approval of contracts, except an election among
the employees is not required, or, in the case of contracts made
after January 1, 1981, by express provision in the contract making
the contracting agency subject to this section.
  SEC. 14.5.  Section 21622 of the Government Code is amended to
read:
   21622.  (a) In lieu of benefits provided by Section 21620, upon
the death of any person, after retirement and while receiving a
retirement allowance from this system, there shall be paid to the
beneficiary  whom he or she shall nominate by written designation
duly executed and filed with the board, the sum of six hundred
dollars ($600), to be provided from contributions by the  employer.
   (b) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
that, in the aggregate, are reasonable and that, in combination,
offer the actuary's best estimate of anticipated experience under
this system.
   (c) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation.  The additional contribution rate required at the time
this section is added to a contract shall not be less than the sum of
(1) the actuarial normal cost and, (2) the additional contribution
required to amortize the increase in accrued liability attributable
to benefits elected under this section over a period of not more than
30 years from the date this section becomes effective in the
contracting agency's contract.
   (d) This section shall not apply to any contracting agency, except
for those contracting agencies that are school employers and those
school districts or community college districts, as defined in
subdivision (i) of Section 20057, until the agency elects to be
subject to this section by amendment to its contract made in the
manner prescribed for approval of contracts, except an election among
the employees is not required, or, in the case of contracts made
after January 1, 1981, by express provision in the contract making
the contracting agency subject to this section.
  SEC. 15.  Section 21623 of the Government Code is amended to read:

   21623.  (a) In lieu of benefits provided by Section 21620 or
21622, upon the death of any retired state member, after retirement
and while receiving a retirement allowance from this system, there
shall be paid to the beneficiary who he or she shall nominate by
written designation duly executed and filed with the board, the sum
of two thousand dollars ($2,000), to be provided from contributions
by the employer.
   (b) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
  that, in the aggregate, are reasonable and  that, in combination,
offer the actuary's best estimate of anticipated experience under
this system.
   (c) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation.
   (d) This section shall not apply to any school employer, school
member, contracting agency, or local member.
  SEC. 15.5.  Section 21623 of the Government Code is amended to
read:
   21623.  (a) In lieu of benefits provided by Section 21620 or
21622, upon the death of any retired state or school member, after
retirement and while receiving a retirement allowance from this
system, there shall be paid to the beneficiary  whom he or she shall
nominate by written designation duly executed and filed with the
board, the sum of two thousand dollars ($2,000), to be provided from
contributions by the employer.
   (b) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
  that, in the aggregate, are reasonable and  that, in combination,
offer the actuary's best estimate of anticipated experience under
this system.
   (c) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation.
   (d) This section shall apply to a school employer and a retired
school member whose death after retirement occurs on or after January
1, 2001.  This section shall not apply to any contracting agency or
local member, except those contracting agencies that are school
employers and those school districts or community college districts
as defined in subdivision (i) of Section 20057.
  SEC. 16.  Section 21623.5 of the Government Code is amended to
read:
   21623.5.  (a) In lieu of benefits provided by Sections 21620 and
21622, upon the death of any local or school member, after retirement
and while receiving a retirement allowance from this system, there
shall be paid to the beneficiary who he or she shall nominate by
written designation duly executed and filed with the board, the sum
of two thousand dollars ($2,000), three thousand dollars ($3,000),
four thousand dollars ($4,000), or five thousand dollars ($5,000),
whichever amount is designated by the employer in its contract, to be
provided from contributions by the employer.
   (b) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
which, in the aggregate, are reasonable and which, in combination,
offer the actuary's best estimate of anticipated experience under the
system.
   (c) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation.
   (d) This section shall not apply to a contracting agency or school
employer unless and until the agency or school employer elects to be
subject to this section by amendment to its contract made in the
manner prescribed for approval of contracts, except an election among
the employees is not required or in the case of contracts made on or
after January 1, 1999, except by express provision in the contract
making the contracting agency or school employer subject to this
section.
  SEC. 16.5.  Section 21623.5 of the Government Code is amended to
read:
   21623.5.  (a) In lieu of benefits provided by Sections 21620 and
21622 upon the death of any local member, after retirement and while
receiving a retirement allowance from this system, there shall be
paid to the beneficiary  whom he or she shall nominate by written
designation duly executed and filed with the board, the sum of two
thousand dollars ($2,000), three thousand dollars ($3,000), four
thousand dollars ($4,000), or five thousand dollars ($5,000),
whichever amount is designated by the employer in its contract, to be
provided from contributions by the employer.
   (b) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
  that, in the aggregate, are reasonable and  that, in combination,
offer the actuary's best estimate of anticipated experience under the
system.
   (c) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation.
   (d) This section shall not apply to a contracting agency unless
and until the agency elects to be subject to this section by
amendment to its contract made in the manner prescribed for approval
of contracts, except an election among the employees is not required
or in the case of contracts made on or after January 1, 1999, except
by express provision in the contract making the contracting agency
subject to this section.
  SEC. 17.  Section 21757 of the Government Code is amended to read:

   21757.  (a) If the retirement benefits of any member or his or her
survivors or beneficiaries payable pursuant to Part 3 (commencing
with Section 20000) would be limited by Section 415 of Title 26 of
the United States Code, the board shall adjust the payment of those
benefits, including, but not limited to, cost-of-living adjustments,
cost-of-living banks, temporary annuities, survivor continuance
benefits, or any combinations thereof, in order to maximize benefits
within the limits of Section 415.
   (b) The board shall establish a program of replacement benefits
for members and any survivors or beneficiaries whose retirement
benefits are limited by Section 415 and cannot be fully maximized
pursuant to Part 3 (commencing with Section 20000).  The benefits
provided by that program may consist of deferred compensation, cash
payments, health benefits, or supplemental disability benefits, as
shall be determined by the board to give effect to the purpose of
this part.  The factors the board may take into consideration in
making its determination shall include, but not be limited to, the
following: legal constraints, administrative feasibility, and
cost-effectiveness.  The board may periodically modify the
replacement benefits program and may add or eliminate any type of
replacement benefits, as necessary, to carry out the purpose of this
part.  The administrative costs of the replacement benefits program
shall be satisfied out of funds credited to the accounts of the
participant members, and shall not be paid from the retirement fund
or the retirement trust fund of a participating agency.
   (c) The application of Section 415 to benefits provided under Part
3 (commencing with Section 20000) and this part shall not be taken
into account for purposes of determining employers' or employees'
contribution rates, until replacement benefits are implemented
pursuant to Section 21758.
   (d) Under no circumstances shall the replacement benefit program
result in increased benefit costs to an employer, member, or
annuitant.
  SEC. 18.  Section 22754.3 of the Government Code is repealed.
  SEC. 19.  Section 22790.1 of the Government Code is repealed.
  SEC. 20.  Section 22810.2 of the Government Code is repealed.
  SEC. 21.  Section 22810.5 of the Government Code is repealed.
  SEC. 22.  Section 22816.3 of the Government Code is repealed.
  SEC. 23.  Section 22825.1 of the Government Code is amended to
read:
   22825.1.  (a) (1) Notwithstanding any other provision of this
article, the employer's contribution, with respect to each state
officer and employee or an annuitant who was in the employment or
office including an academic position with a campus of the California
State University or is a survivor of that person, shall be adjusted
by the Legislature in the annual Budget Act.  Annual adjustments of
the dollar amounts therein shall be based upon the principle that the
employer's contribution for each employee or annuitant shall be an
amount equal to 100 percent of the weighted average of the health
benefits plan premiums for employees or annuitants enrolled for self
alone plus 90 percent of the weighted average of the additional
premiums required for enrollment of family members in the four health
benefits plans which have the largest number of enrollments during
the fiscal year to which the formula applied.
   (2) The employer's contribution under this section for each
employee shall commence on the effective date of his or her
enrollment.
   (3) The contribution of each employee and annuitant shall be the
total cost per month of the benefit coverage afforded him or her
under the plan or plans less the portion thereof to be contributed by
the employer.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 or Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, the memorandum of understanding shall be
controlling without further legislative action, except that if those
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
  SEC. 24.  Section 22825.16 of the Government Code is repealed.
  SEC. 25.  Section 22825.17 of the Government Code is amended to
read:
   22825.17.  A health benefit plan offered by the California
Association of Highway Patrolmen pursuant to Section 22790 may rebate
funds to participants enrolled in the employee organization's
sponsored basic and supplement to Medicare plans in order to ensure
that participant out-of-pocket costs remain at a reasonable and
competitive level as determined by the Board of Trustees of the
California Association of Highway Patrolmen Health Benefits Trust.
The payments shall be made from the special reserves of the health
benefits trust fund for that health benefit plan.  The amount of
funds shall be limited to that portion of special reserves that is in
excess of the amount necessary to fund the risk up to the
reinsurance attachment level.  Administrative costs incurred by the
state shall be reimbursed by the health benefits trust fund for that
health benefit plan.
   This section shall become operative on July 1, 1992.
  SEC. 26.  Section 22825.8 of the Government Code is repealed.
  SEC. 27.  Section 22827.5 of the Government Code is amended to
read:
   22827.5.  All moneys received pursuant to Section 22810.1 shall be
deposited in the Public Employees' Contingency Reserve Fund.  The
board may transfer the complementary annuitant premiums into the
Public Employees' Retirement Fund.  The moneys in the fund are,
notwithstanding Section 13340, continuously appropriated to the
board, without regard to fiscal years, for payment of the
complementary annuitant premiums and administrative expenses.
  SEC. 28.  Section 22840.1 of the Government Code is repealed.
  SEC. 29.  Section 22871 of the Government Code is amended to read:

   22871.  Notwithstanding any other provision of law, a domestic
partner shall be included in the definition of a family member for
purposes of Sections 22777, 22778, subdivision (a) of Section 22791,
Sections 22811, 22811.5, 22812, 22813, 22815, subdivision (c) of
Section 22816, Sections 22817, 22819, 22823, subdivision (a) of
Section 22825, subdivision (a) of Section 22825.1, Section 22825.7,
paragraph (1) of subdivision (b) of Section 22840.2, subdivision (f)
of Section 22840.2, subdivision (b) of Section 22856, and Section
22859.
  SEC. 30.  Section 75590 of the Government Code is amended to read:


         75590.  (a) A surviving spouse of a judge who was eligible
to retire pursuant to subdivision (a) of Section 75522 shall, within
90 days after the judge's death, elect to receive either of the
following:
   (1) A monthly retirement allowance equal to one-half of the judge'
s benefit factor computed as stated in subdivision (d) of Section
75522 as of the date of death, multiplied by the judge's final
compensation multiplied by the number of years of service credit.
This allowance shall be adjusted for changes in the cost of living as
provided in Section 75523.
   (2) The judge's monetary credits determined pursuant to Section
75520, including the credits added under subdivision (b) of that
section computed to the last day of the month preceding the date of
distribution.
   (b) A surviving spouse of a retired judge who elected to receive a
monthly allowance under subdivision (d) of Section 75522 or who was
retired for disability and receiving an allowance under Section
75560.4 shall receive a monthly allowance equal to 50 percent of the
deceased judge's last monthly retirement allowance.  This allowance
shall be adjusted for changes in the cost of living as provided in
Section 75523.
   (c) (1) Notwithstanding any other provision of this article to the
contrary, the surviving spouse of a judge who (A) died in office,
(B) had attained the minimum age for service retirement applicable to
the judge preceding his or her death, with a minimum of 20 years of
service, and (C) was eligible to receive an allowance pursuant to
Section 75522, shall receive an allowance that is equal to the amount
that the judge would have received if the judge had been retired
from service on the date of death and had elected optional settlement
2 specified in subdivision (b) of Section  75571.
   (2) A surviving spouse receiving an allowance pursuant to this
subdivision shall have no other claim to benefits with respect to the
Judges' Retirement Fund or with respect to any other provision of
the Judges' Retirement System II Law.
   (3) The benefits provided by this subdivision are only payable to
the surviving spouse of a judge who elects to come within this
subdivision.  That election may be made at any time while the judge
is in office and, once made, the election is irrevocable.
  SEC. 31.  Item 9650-001-0001 of the Budget Act of 2000 (Chapter 52
of the Statutes of 2000) is amended to read:



9650-001-0001-For support of Health and Dental
    Benefits for Annuitants.  For the state's
    contribution for the cost of health benefits
    plan and dental care premiums, for annuitants
    and other employees, in accordance with
    Sections 22825.7, 22828, 22829, and 22952 of
    the Government Code, which cost is not
    chargeable to any other appropriation ............  410,232,000
    Schedule:
    (a)  Health benefit premiums ......... 364,356,000
    (b)  Dental care premiums ...........   45,876,000
    Provisions:
    1.  The maximum transfer amounts specified in
        subdivision (b) of Section 26.00 of this
        act do not apply to this item.
    2.  Notwithstanding Section 22819 of the Government
        Code or any other provision of law, annuitants
        and their family members who were employed by
        the California State University, and who become
        eligible for Part A and Part B of Medicare
        during the 2000-01 fiscal year, shall not be
        enrolled in a basic health benefits plan during
        the 2000-01 fiscal year.  If the annuitant or
        family member is enrolled in Part A and Part
        B of Medicare, he or she may enroll in a
        supplement to the Medicare plan.  This provision
        does not apply to employees and family members
        who are specifically excluded from enrollment
        in a supplement to the Medicare plan by federal
        law or regulation.
    3.  The maximum monthly contribution for an annuitant's
        health benefits plan shall be $201 for a single
        enrollee, $382 for an enrollee and one dependent,
        and $488 for an enrollee and two or more
        dependents.

  SEC. 32.  Sections 5 and 5.5 of this bill shall become operative
only if Senate Bill 528 is enacted and becomes operative on or before
January 1, 2001.
  SEC. 33.  Section 14.5 of this bill incorporates amendments to
Section 21622 of the Government Code proposed by both this bill and
AB 50.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 21622 of the Government Code, and (3) this bill is
enacted after AB 50, in which case Section 14 of this bill shall not
become operative.
  SEC. 34.  Section 15.5 of this bill incorporates amendments to
Section 21623 of the Government Code proposed by both this bill and
AB 50.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 21623 of the Government Code, and (3) this bill is
enacted after AB 50, in which case Section 15 of this bill shall not
become operative.
  SEC. 35.  Section 16.5 of this bill incorporates amendments to
Section 21623.5 of the Government Code proposed by both this bill and
AB 50.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 21623.5 of the Government Code, and (3) this bill is
enacted after AB 50, in which case Section 16 of this bill shall not
become operative.
